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2007-11-19_GENERAL DOCUMENTS - M1978091UG
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2007-11-19_GENERAL DOCUMENTS - M1978091UG
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Last modified
8/24/2016 3:18:31 PM
Creation date
11/27/2007 1:07:00 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1978091UG
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
11/19/2007
Doc Name
Noncompliance order
From
BLM
To
Lance Barker
Media Type
D
Archive
No
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Based on the review of our files, your activity is unauthorized and is in violation of the Federal <br />Land Policy Management Act of 1976, as amended and BLM's Surface Management <br />Regulations (located in Chapter 43, part 3809 of the Code of Federal Regulations). Specifically, <br />you are in violation of the following regulations: <br />§3809.605 (c) Conducting operations outside the scope of your notice or approved plan of <br />operations; <br />§3809.605 (f) Failing to comply with any applicable performance standards in §3809.420; <br />(Specifically: §3809.420 (a)(4) Mitigation.. You must take mitigation measures specified by <br />BLM to protect public lands. <br />§3809.420 (b)(2) Mining wastes. All tailings, dumps, deleterious materials or substances, and <br />other waste produced by the operations shall be disposed of so as to prevent unnecessary or <br />undue degradation and in accordance with all applicable Federal and state Laws. <br />§3809.420 (b)(5) Water quality. All operators shall comply with applicable Federal and state <br />water quality standards, including the Federal Water Pollution Control Act, as amended (30 <br />U.S.C. 1151 et seq.). <br />§3809.420 (b)(6) Solid wastes. All operators shall comply with applicable Federal and state <br />standards for the disposal and treatment of solid wastes, .. . <br />§3809.420 (b)(11)(i), (ii) and (iii) Acid forming, toxic, or other deleterious materials. You must <br />handle, place or treat potentially acid-forming, toxic or other deleterious materials in a manner <br />that minimizes...) <br />Under authority of 43 CFR 3809.601 (a), you are ordered, within thirty (30) days from the <br />effective date of this order to: <br />Remove all hazardous material (acid generating rock) from at least 20 feet from the <br />original drainage centerline of Deadman Gulch, with a proper slope to prevent it from <br />reentering the drainage (as identified as mitigation measure #1 of the approved Plan of <br />Operations). <br />Remove all trash, wooden posts, plastic pipes, empty drums (labeled and unlabelled), <br />unlabeled compressed gas canisters, other derelict equipment and a vehicle battery; they <br />must be disposed of properly in accordance with applicable law. <br />Eliminate water discharges from the Golden Wonder level 6 minesite within and adjacent <br />to Deadman gulch, or ensure water quality from any releases be of such quality as to not <br />degrade existing flows that occur in the gulch above the mine. <br />If you do not comply with this order, the BLM may take further action against you pursuant to <br />§3809.601(b) and/or the Department of the hlterior inay request the United States Attorney to <br />institute a civil action in United States District Court for an injunction or order to enforce this <br />
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